The Supreme Court on Wednesday questioned whether non-believers can claim the right to enter the Sabarimala temple in Kerala while hearing petitions related to discrimination against women at religious places and the scope of religious freedom.
A nine-judge Constitution bench headed by Chief Justice of India Surya Kant observed that the court must examine whether the right to enter temples is being claimed by devotees or non-devotees.
Justice B V Nagarathna said, “Who is claiming this right? Is a devotee claiming the right or a non-devotee at whose instance? A person who has nothing to do with this temple is somewhere in North India. This temple is in South India.”
Senior advocate Indira Jaising, appearing for Bindu Ammini and Kanakadurga, supported the 2018 verdict that allowed women of all age groups to enter the Sabarimala Ayyappa temple. She argued that stopping a scheduled caste woman from entering the temple violates Article 17 of the Constitution, which abolishes untouchability.
Jaising said women were excluded during the “most productive and creative period” of their lives between the ages of 10 and 50 and argued that the right to worship is protected under Article 25(1) of the Constitution.
She also claimed the 2018 verdict had not been properly implemented. According to her, only two women managed to enter and perform darshan after the judgment, while others failed because the state did not provide protection.
The bench responded that the restriction was based on age and not caste.
Justice Nagarathna also stressed the importance of protecting religious diversity and denominational rights under Article 26(b) of the Constitution.
The hearing remained underway.